HomeMy WebLinkAbout02-11-13PETITI//O~~ N FOIR -GnnR''A.~rT OF LETTERS
REGISTER OF WILLS OF lam(-lt°I~I~ K-L Ql'-~. COUNTY, PENNSYLVANIA
Petitioner(s) named below. who isiare 18 yeah of age or older, appiy(ies) for Letters as specitied below. and in
support thereof aver(s) the following and respectfully request(s) the gent of Letters in the appropriate form:
Decedent's Information n /~ ~ l
Name• .In ft, l.Z~111'~~
a!k/a:
a/k/a:
a/k/a:
Date of Death: 3 ~
Decedent was domiciled at death in
principal residence at,. a3 )t:
Zip
Decedent died at
Street address,
Estimate of value of decedent's property at death
File No: ~ I / I J ~C/' 1/7 J
(Assigned by Register)
Social Security No: o~ l ' (3d '-bY--~S
Age at death: ~~
~~_ _ (State) wit~t his/her la,~t
Tawnrhip ar
or Borough County Slate
ljdanriciled in Pennsyfvania ............................ All personal property
!(nol domiciled in Pennsy!vania ........................ Personal property in Pennsylvania
Ijnat domiciled in Pennsy/vania ........................ Personal property in County
vnfue oJreal estate in Pennsyhania .........................................................
TOTAL ESTIMATED VALUE....
Real estate in Pennsylvania situated at:
/Attach addirionnt +heets. if necer+ary.)
$ 7r~~~~7
S
s SfX~ O , r]' ~
Street address, Post Orfice and Zip Code City, Township ar Borough County
~A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s) aver(s) he/she/they islare the Executor(s) named in the last Will of [he Decedent, dated a .~Ol a-- and Codicil(s)
thereto dated
State relevant rircumrlances (e.g. renunctntion, death oJezecutor, erc.)
Except as follows: aftertlte execution of the instrument(s) offered for probate Decedent didnot many, was not divorced, was not a patty to a pending
divorce proceeding wherein the grounds far divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child born or
adopted; attd Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
~NOEXCEPTIONS ^EXCEPTIONS
^ B. Petition for Grant of Letters of Administration (If applicable)
e.t.a., d. b. n., d.6.n.etu., pendente lice, durunte absentia, durance minoritum
If Administration, e.t.a. or d.b.n.c.t,a., enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a parry to a pending divorce proceeding wherein the gro~s for divorce had been established as defined
in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapac~ed person. ~
~ ~m
^NO EXCEPTIONS ^EXCEPTIONS m ~ ~ ~~ n
Petitioner(s), after a proper search hasPoave ascertained that Decedent left no W ill and was surviv~b~ie o~llowitt~ouseAat)~and heirs (attach
additional sheets. iJ'necessury): i ~ ~ s--+ ~ ~
F-+
Name Relationshi ~ n ddr O O
O C ~ ~ ~:
~r N
~ ~ rrt
CJ to
Fa~,n aw.oa rev. tmlv2nN Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
t } ss:t7b-SO-OOa'f
COUNTY OF C~P~CC~ }
File No: !~' I, /3~ n( ~~S
Petitioner(s) Printed Name Petitioner(s) Printed Address
L ^c u
~w
- ~ p
The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(s) and that, as Personal Representative(s) ofthe D dent, the Petitto~n r(s} will w I and tru administer the estate acco ding t law.
Sworn too affirmed, ubscribed before ,V c ""''~ //T ~ 6 ~'W~~ Dated
_.a~. f! a..., t ~.i..,.i,. ~'I? Date
Date
BOND Required: Q YES (~NO
FEES:
Lettegrs .................... .. $~.
( /)Short Certificate(s)... ... ,-;~5 -
( )Renunciation(s)...... .. .
( )Codicil(s) .......... .. .
( )Affidavit(s)......... .. .
Bond ..................... ...
Commission .............. ...
Other ~~~_..... .. .
~
1nL ..... ...
Automation Fee .............. .
JCS Fee .....................
TOTAL ..................... $
To the Register of Wills:
Please enter my appearance by my signature below:
Attorney Signature:
Printed Name: rr;
o
~
Supreme Court C ~ ~'' R7~
ID Number: ~ a
-
--
- ~
- ~ O
'_
_--
.II
m
m
x m ~
rn
~
Firm Name: %V
r h-~ rr9
Address: D Z ~ ~
-
~ ~ O
O
' '=t '7'1
--~
ei--r
~ c
r- .:: ~
-~
Phone;
~
rv ~
rrt
t_
Fax: y, ~ T -
Emaih
DECREE OF THE REGISTER
Estate of ~ [~l'~ ~q ~ (~ >Yl~~
a/k/a:
AND NOW,
satisfactory proof av been
the instrument(s) dated ~
described in the Petition be
Fo,,,,aw_oz .w.IOnuzoil
Official Gse Only
to consid ration of the foregoing Petition,
rented e,~re me, IT IS DECR ED,tt~hat Letters ~
are her~y granted to~~q /' I . n ~ r ~ v...
((~~VV in the above estate and (if applicabte)~~at
to probate and filed
(and
lls ~ ~~~~~1
z
RECORDED OFFICE OF
CLERK 0;"
~~ ORAHANS' CBURT
CUMBERLA>d0 r;)., pq
TOI~IV R. GOi~'ER
I, John R. Gonter, presently residing Cumberland County, Commonwealth of
Pennsylvania, hereby declare this to be my Last Will and Testament, revoking any and all other
Wills and Codicils that I previously may have executed.
SECTION I: DEFINITIONSAND APPOINTMENT OF FIDUCIAffiES.
The definitions and designations set forth in this Section 1 shall apply in connection with
the administration of my estate and the construction of this Will.
1.01. For purposes hereof, the term "Fiduciary" and/or "Fiduciaries," however
expressed, shall refer to my Personal Representative(s) and/or my Trustee(s) who may be serving
at any time. Where powers or discretions aze conferred upon the fiduciaries, such powers or
discretions shall be exercised by the Personal Representative(s) as such, or the Trustee(s) as such,
as the case may be, in their respective capacities and not by their joint action.
1.02. The teen "my children" shall include my two children: Lynne Nickum and Scot
Gonter.
1.03. For purposes hereof, when a "per stirpes" distribution of income or principal to a
designated individual's issue is provided for under this Will, such income or principal shall be
divided into as many equal shazes as there aze then living children of such individual and then
deceased children represented by issue then living, and each then living child shall receive one
share, and the share of each deceased child shall be divided among his or her issue in the same
manner, repeating this pattern with respect to succeeding generations until all shares are
determined. A "per stirpes" distribution shall only pass to naturally born children of Lynne
Nickum or Scot Gonter; it shall not include step-children or adopted children.
Page 1 of 7
1.04. I designate and appoint my daughter, Lynne Nickum, to serve as my Personal
Representative. If for any reason, she is, or becomes, unwilling or unable to serve in this
capacity, then I constitute and appoint my son, Scot Gonter, as my Secondary Personal
Representatives. (The Personal Representative(s) shall be referred to in this Will collectively as
"Personal Representative.")
1.05. I hereby excuse those persons named in or appointed pursuant to this Will as
Personal Representatives and Trustees from the necessity of posting any bond or other security
for the faithful performance of their respective duties.
SECTION 2: FUNERAL EXPENSE.
2.01. I direct my Personal Representative to pay the expenses of my funeral (including,
if no provisions therefor shall have been made during my lifetime, the costs of a cemetery plot
and headstone and markers for my grave), in such amount as my Personal Representative may
deem proper, without the necessity of obtaining the approval of any court having jurisdiction
over the administration of my estate and without regard to any applicable statutory limitation.
SECTION 3: DEBTS.
3.01. l direct my Personal Representative to pay all debts and claims which are legally
enforceable against me, except that all mortgages, liens and other encumbrances on property
owned by me at the time of my death shall be a chazge on the property so encumbered, and my
estate shall not be liable for any such indebtedness.
SECTION 4: DISPOSITIONOFTANGIBLEPERSONAL PROPERTY.
4.01. I give the balance of my personal and household effects, automobiles and other
tangible personal property in approximately equal shazes, to my children who survive me. My
Personal Representative shall divide such property in shares as nearly equal in value as
practicable and by such method as my Personal Representative may deem equitable. To the
extent possible, my Personal Representative shall make such division and distribution to said
children in accordance with their wishes, but if my children do not agree, my personal property
shall be divided by lot. The decision of my Personal Representafive with respect to the division
of such property, when made, shall be final and binding upon all distributees. My Personal
Representative shall be authorized to sell or convert any of said property if my Personal
Representative deems it practical with the proceeds thereof to become part of my residuary estate.
4.02. If, prior to my death, I shall have left with my Personal Representative, with this
Will or among my important personal papers, instructions indicating I would like any specified
Page 2 of 7
articles of my tangible personal property that any legatee may inherit under this Section 4 to pass
to any designated individual or individuals, it is my hope and expectation that such instructions
be carried out, and without intending to impose any trust or legal obligations upon such legatee
or Personal Representative to do so, I am confident that said wishes would be followed.
SECTION 5: PAYMENT OF TAXES.
5.01. All federal, state and other death taxes payable on the property forming my gross
estate for those purposes, whether or not it passes under this Will, or whether it passes by reason
of joint ownership thereof, such as certificates of deposit, savings bonds, etc., shall be paid out of
the principal of my probate estate just as if they were my debts, and none of those taxes shall be
charged against any beneficiary.
SECTION 6: RESIDUARYESTATE.
6.01. My residuary estate shall consist of (a) all property or interests therein not
otherwise effectively disposed of in this Will, of whatever kind, nature or description, and
wherever located, including any property to which I shall be in any way entitled at the time of
my death, any and all property over which I may have a power of appointment and any insurance
proceeds which may be payable to my estate, less (b) all valid claims asserted against my estate
and all expenses incurred in administering my estate, including expenses of administering
nonpmbate assets.
SECTION 7: DISPOSITION OFRESIDUARYESTATE.
7.01. I hereby give my residuary estate to my children, per stirpes.
7.02 Whenever any interest in my estate vests absolutely in a beneficiary under age
twenty-five (25), my Personal Representative shall establish a sepazate trust for each beneficiary
under age twenty-five (25) and appoint a Trustee. My Trustee may pay to the beneficiary as
much of the net income or principal as my Trustee may deem appropriate to provide for the
beneficiary's health, education and support until the beneficiary reaches age twenty-five(25),
when the interest shall be paid outright to the beneficiary. If the beneficiary dies before reaching
that age, the interest shall constitute a part of the beneficiary's estate.
SECTION S: POWERSOFPERSONAL REPRESENTATIVE.
8.01 My Personal Representative shall serve without bond.
Page 3 of 7
8.02 My Personal Representative shall have all powers and discretions conferred by
Pennsylvania law, and all powers and discretions with respect to my estate that are set forth or
refereed to with respect to the Trustee hereunder, to be exercised without court order.
8.03 My Personal Representative is authorized to execute on my behalf or on behalf of
my estate any tax return which may be filed.
8.04 My Personal Representative shall have, in addition to any other power, the
specific powers to invest, reinvest, sell, mortgage or otherwise dispose of any part or all of my
estate, without the necessity of obtaining prior or subsequent court approval.
8.05 Distributions may be made in cash or in kind in the discretion of my Personal
Representative.
8.06 No Personal Representative shall be personally liable to any beneficiary or other
party interested in my estate or to any third parties, for any claim against my estate for the
diminution in value of estate property resulting from matters involving hazardous substances,
including any reporting of or response to (i) the contamination of estate property by hazardous
substances, or (ii) violations of any environmental laws related to my estate; provided that my
Personal Representative shall not be excused from liability for its own negligence or wrongful or
willful acts.
8.07 To the maximum extent permitted by law, my Personal Representative may
withhold a distribution to a beneficiary hereunder until receiving from the beneficiary an
indemnification agreement in which the beneficiary agrees to indemnify the Personal
Representative against claims filed against the Personal Representative as an "owner" or
"operator" under the Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as from time to time amended, or any regulation thereunder, or any other environmental
law.
SECTION 9: SPENDTHRIFT PROVISIONS AND FACILITY OF PAYMENTS.
9.01 Except as otherwise specifically provided in other portions of this Will, my
Fiduciaries shall make all payments hereunder directly to the beneficiary entitled to them and not
to any other person. A deposit of funds to the beneficiary's account in a bank or other fmancial
institution is the equivalent of direct payment to the beneficiary. No payment may be assigned,
anticipated, or encumbered by the beneficiary; nor may any payment be attached, garnished, or
executed upon by any creditor of the beneficiary.
Page 4 of 7
L
9.02 My Fiduciaries shall have the further power to make payments of any income or
principal for a beneficiary (i) directly to the beneficiary; (ii) to the individual who is, in the
judgment of my Fiduciaries, in proper chazge of such person, regardless of whether there is a
court order to that effect; (iii) in the case of a minor, to a custodian for the minor named by my
Fiduciaries, to held as a gift under the Pennsylvania Uniform Transfers to Minors Act, with the
custodial arrangement continuing until the beneficiary reaches twenty-one (21) yeazs of age; or
(iv) by paying or applying any part or all thereof for a beneficiary's benefit or on a beneficiary's
behalf; and in every such event payment may be made without any necessity of obtaining a
receipt or the approval of any court, and such payments made in good faith shall be deemed
proper and shall be a complete release and acquittance of my Fiduciaries therefor.
9.03 My Fiduciaries may make discretionary payments of income or principal to any
person after taking into consideration, or without taking into consideration, as my Fiduciaries
deem appropriate, any other income or financial resources reasonably available to said
beneficiary. All aspects of decisions with respect to discretionary payments of income and
principal shall be made by my Fiduciaries in their sole and absolute discretion, such that no
creditors of any beneficiary, including any govermnental agencies which may furnish services,
payments or benefits to a beneficiary, shall have any claim to any of the income or principal of
my estate or any trust.
SECTION 10: GENDER AND HEADINGS.
10.01 Any use in this Will of pronouns of the masculine or feminine gender shall be
interpreted as including persons of the female and male sex, where the sense so requires.
10.02 The headings, titles, and subtitles in this Will have been inserted solely for
convenience, and shall be ignored in its construction.
Page 5 of 7
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 27tH
day of July, 2012.
~~~1,~ ~ ~y~'~~t (SEAL)
John R. Gonter
SIGNED, sealed, published and declared by John R. Gonter, the above
Testator, as and for his Last Will and Testament, in the presence of us, who, at
his request, in his presence and in the presence of each other, have hereunto
subscribed our names as witnesses.
~~~^ ~ 130 W. Church St., #100
~l Address: Dillsburg, PA 17019
Witness
130 W. Church St., #100
h~ ~~o)/ic O Address: Dillsburg, PA 17019
Witness
Page 6 of 7
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF YORK
We, the undersigned, whose names are signed to the attached or foregoing
instrument, being fixst duly sworn and qualified according to law, do hereby declare
to undersigned authority that we were present and saw the Testator sign and
execute the instrument as his Will, and that he had signed willingly and that he
executed it as his free and voluntary act for the purposes therein expressed, and
that each of the witnesses, in the presence and hearing of the Testator, signed the
will as witness and that to the best of their knowledge the Testator was at that time
eighteen years of age or older, of sound mind and under no constraint or undue
influence; and I, the said Testator, do hereby acknowledge that I signed and
executed the instrument as my last will, that I signed it willingly, and that I signed
it as my free and voluntary act for the purposes therein expressed.
John R. Gonter
S ~ 130 W. Church St., #100
Address: Dillsburg, PA 17019
Witness
130 W. Church St., #100
D 1 c~-J~s~ ~i!~i~s~z.~ ~~~ Address: Dillsburg, PA 17019
Witness
Subscribed, sworn to and acknowledged before me by the above-named
witnesses, this 27+~ day of July, 2012.
~~ ,~~ ~ ,
~or~ spa
~~ e+lEAi~R otary Public
~Y PY1Me
ontsaure earo.. troMt couwiv
My ConMnhNgo E~Ina h! Z!. Y016
Page 7 of 7